By Name

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By Department

In every area of practice, WilmerHale brings the insight, dedication to excellence, and commitment to client service needed for our clients to achieve their business objectives. Our five-department structure and team approach to service enable us to provide the highest level of responsiveness and access to lawyers with the most appropriate experience.

In a global economy, government policies can impede or enable business success: businesses are significantly affected by government policies that directly limit market access, impose non-transparent or unreasonably burdensome government regulations, treat investments unfairly, fail to protect or enforce intellectual property, or subsidize domestic competitors. At the same time, companies doing business internationally face substantial compliance obligations under their domestic laws, such as restrictions on technology exports and economic sanctions.

WilmerHale has a long record of success in assisting clients on these issues, and our trade group is widely recognized as at the top of the field. Chambers USA and Chambers Global give the practice their highest ratings, and rank all of our senior lawyers as national leaders. Three of our younger lawyers are ranked among the top 10 trade lawyers to watch under 40.

Apart from their track record in private practice, several of our lawyers have high-level and directly relevant US, European or global government experience. One of our lawyers was the United States Trade Representative from 1997 to 2001; others served as USTR General Counsel, Associate General Counsel and Assistant General Counsel; and one member of our team was an International Trade Counsel for the Senate Finance Committee and served in the US Department of Commerce’s Import Administration. In Europe, one of our lawyers chaired the WTO Appellate Body and another was a senior trade law advisor to the European Commission. With respect to China, our team includes the chief US architect and negotiator of China’s entry into the WTO and one of the leading regulatory lawyers in Beijing (and a member of the Board of Governors of the American Chamber of Commerce—People’s Republic of China).

In all, we have a fully integrated team of 20 lawyers and trade specialists in the United States, Europe and China. The practice comprises four key areas, and we have a strong track record in each.

In helping open world markets, we have had some landmark victories, representing Boeing in successfully challenging European subsidies to Airbus in the largest WTO case in history; a coalition of leading high-tech companies in successfully challenging EU efforts to undermine the seminal Information Technology Agreement; and US companies in multiple sectors in high-profile market access disputes with the governments of China and India.

In advising on trade policy and trade negotiations, we have helped develop or shape key trade initiatives and legislation both in and outside government, including Congress’ landmark grant of Permanent Normal Trade Relations to China; negotiating priorities in the Trans-Pacific Partnership free trade agreement negotiations; Congressional implementation of various US free trade agreements; and trade-related provisions in Internet, patent and drug importation legislation.

In assisting companies in unfair trade investigations, we obtained the lowest duty rate among the Big Three auto companies in an antidumping and countervailing duty case brought by China; convinced the US Commerce Department and International Trade Commission to impose and maintain antidumping and countervailing duty orders on imports from multiple countries that injured our US chemical industry clients; and in the biggest US antidumping case against China to date, our clients were the only Chinese producers that were found to be not subject to duties.

In assisting companies with respect to government restrictions on technology exports and economic sanctions, we successfully represented one of the world’s largest international shipping groups with respect to the application of sanctions imposed under ISA/CISADA, and we helped a major US government contractor develop ITAR compliance policies and training programs required for provision of logistics services to the US military at more than 50 forward operating bases in Afghanistan.

In a global economy, government policies can impede or enable business success: businesses are significantly affected by government policies that directly limit market access, impose non-transparent or unreasonably burdensome government regulations, treat investments unfairly, fail to protect or enforce intellectual property, or subsidize domestic competitors. At the same time, companies doing business internationally face substantial compliance obligations under their domestic laws, such as restrictions on technology exports and economic sanctions.

WilmerHale has a long record of success in assisting clients on these issues, and our trade group is widely recognized as at the top of the field. Chambers USA and Chambers Global give the practice their highest ratings, and rank all of our senior lawyers as national leaders. Three of our younger lawyers are ranked among the top 10 trade lawyers to watch under 40.

Publications & News

On July 10, 2017, the US Court of Appeals for the Ninth Circuit became the first circuit court to apply the six-year statute of limitations from the Holocaust Expropriated Art Recovery Act of 2016 (HEAR Act). In Cassirer v. Thyssen-Bornemisza Collection Found., 2017 U.S. App. LEXIS 12265 (9th Cir. Cal. July 10, 2017), the Ninth Circuit revived a Nazi-era art appropriation case that the district court had dismissed in 2015, after finding the plaintiffs' claims to a Camille Pissaro painting to be timely under the HEAR Act, and finding triable issues of fact—principally under Spanish law—regarding transactions involving the painting.

On July 27, the US Senate passed the Countering America's Adversaries Through Sanctions Act, a comprehensive sanctions bill that expands US sanctions against three countries: Russia, Iran and North Korea.

The US government's settlement with Hobby Lobby on July 5, 2017 is part of its broader effort to combat trafficking in looted antiquities from the war-torn Middle East and to reduce market demand for such objects by punishing participants in the black market. This WilmerHale Client Alert was republished on NYU Law's Compliance & Enforcement blog.

The Brexit negotiations started yesterday. After months of speculation as to what will be their focus, it may be useful to recall the European Union's opening position and the United Kingdom's opening position.

Although US policy since 2014 has been to normalize US-Cuba relations and liberalize trade with Cuba, President Trump signaled a partial reversal of US policy in a speech in Miami and the issuance of a National Security Presidential Memorandum, focusing on new restrictions on individual travel to Cuba and on dealings with Cuban military-related entities.

The Legal 500 United States has released its 2017 rankings, recommending 125 WilmerHale lawyers—including 12 who are named to its elite “Leading Lawyers” list and two on its “Next Generation Lawyers” list—and 28 practice areas in its 11th edition.

An article written by David Horn and published by Bloomberg BNA's Banking Report warns that non-US based global financial institutions could face risks from secondary sanctions against North Korea and that the Trump Administration may impose.

Recognition

WilmerHale is regarded by many as the leading law practice in matters of international trade. We have represented companies and industries from the US, EU and more than 30 other countries before administrative, judicial and legislative bodies throughout the world. The depth of our trade team is reflected in an exceptional roster of lawyers, many of whom have served in senior executive positions in government and industry. We have a fully integrated team of almost 40 lawyers and trade specialists in the United States, Europe and China.

Our International Trade Practice has received significant recognition internationally.

In its 2014-2016 editions,Chambers USA: America's Leading Lawyers in Business has recognized WilmerHale as a leading firm in international trade on a national level. In the 2016 edition, sources stated that the firm "stands out in its flexibility and creativity to develop legal arguments following our strategic aim" and praised our "ability to translate some of the complexity in the trade law or issues of a case into something more readily understandable by their clients." On an individual level, Charlene Barshefsky is recognized for her influence in the policy sphere, and was noted by sources as a "class act" with "an enormous amount of talent and experience from her days as our trade ambassador"; Benjamin Powell is lauded for his "expertise pertaining to the CFIUS review process," with clients noting his "full command of substantive law and process as well as internal agency workings"; Ronald Meltzer is recognized as "a tremendous resource," particularly for his work on export controls and economic sanctions; and Robert Novick is noted as a highly esteemed practitioner in the field of trade remedies, and "his relationships and knowledge in the area of trade litigation make him a very effective advocate."

In the "Best Law Firm" rankings by U.S. News and Best Lawyers, our international trade practice was ranked in the first tier nationally and in Washington DC in the 2014-2017 editions.

Chambers Europe 2012 recognized our practice with rankings in Belgium and Europe-wide, individually calling out Claus-Dieter Ehlermann as a senior statesmen in both categories. Ehlermann is cited by clients as "a very eminent practitioner."

In every area of practice, WilmerHale brings the insight, dedication to excellence, and commitment to client service needed for our clients to achieve their business objectives. Our five-department structure and team approach to service enable us to provide the highest level of responsiveness and access to lawyers with the most appropriate experience.